LAKHWINDER SINGH Vs. JASBIR SINGH BIR

JUDGEMENT

(1.) This contempt petition filed under S. 12 of the Contempt of Courts Act, 1971, alleges violation of the undertaking given by the respondents to this Court on 16-10-2003, which was recorded while disposing of Civil Writ Petition No. 5812 of 2003. The Division Bench has recorded the following order, which was duly consented by the parties :-

(2.) According to direction issued by the Division Bench, Shri S. K. Verma, Advocate of this Court went to the office of the Municipal Corporation on 20-10-2003 at 11.00 a.m. as per the specified time but the Commissioner, Municipal Corporation, was not found available in his office. However, the copy of the order was handed over to the Additional Commissioner, Municipal Corporation, Amritsar. The Additional Commissioner assured Shri S. K. Verma (the Court Commissioner) that the goods would be delivered to the petitioner at the site in dispute at 12.30 p.m. According to the report submitted by Shri S. K. Verma, dated 22-10-2003 (P-2), Shri S. K. Verma went to the site at 12.00 noon and thereafter two Inspectors namely Shri Yuvraj Singh and Shri Ramesh Sachdeva along with one clerk Shri Shashi Puri of the Municipal Corporation came at the site at 1.15p.m. along with truck having incomplete damaged items as per the inventory made by the Municipal Corporation. Shri S. K. Verma in his report has further stated that he was assured by those employees of the Municipal Corporation that they would bring remaining goods at the site. He waited up to 5.00 p.m. and when no one came forward with the goods or to deliver the possession of the site, he returned back. Feeling aggrieved the petitioner filed the contempt petition on 13-10-2004.

(3.) The stand taken by the Commissioner, Municipal Corporation, Amritsar (respondent No. 3) in his written statement is that a kiosk (Khoka) has been constructed on the site as a goodwill gesture and the Corporation is ready to deliver the possession of the same to the petitioner at any time. Mr. A. R. Takkar has supplemented the statement on the basis of record that the aforementioned kiosk has been constructed in the month of January, 2005. He has also emphasised that unconditional apologies have been submitted by the Commissioner, Municipal Corporation, Amritsar (respondent No. 3). Similar averments have been made by Shri Jasbir Singh, former Commissioner, Municipal Corporation (respondent No. 1), who has stated that he had relinquished the charge on 27-5-2003 and, therefore, the whole responsibility could only be that of respondent No. 3.